Invercargill HRC 17 June 2023 – R8 – Alister Kyle

BACKGROUND:

Following the running of Race 8, Cruickshank Pryde Mobile Pace, the Respondent Driver, Alister Kyle, as the Driver of TASHS BAD GIRL in the race, admitted a charge of using his whip with more than a wrist flicking motion and in a continuous manner and on one occasion free of the rein.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3.1  A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2  For the purposes of Clause 3.1, “wrist only flicking motion” means:

3.2.1  Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.

32.3   Not applying the whip with overt force.

3.3  A driver shall not use a whip in an unapproved manner.

3.4  For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner n the following circumstances which are not exclusive:           

3.4.2   If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Rebecca Haley, showed a video replay of the final 200-300 metres of the race. She pointed out TASHS BAD GIRL, driven by the Respondent, racing in 2nd position as the field neared the home turn. She pointed out that the Respondent had put the reins in his left hand to activate gear and had used his whip once free of the rein, prior to regathering the reins. After turning for home, Ms Haley alleged, the Respondent then commenced using his whip, and used it thereafter on a number of occasions in more than a wrist only flicking motion and continuously without breaking up his whip use. The breach was low-to-mid level, she said. The Adjudicative Committee noted that TASHS BAD GIRL finished in 3rd placing.

The Respondent, initially, disputed the alleged strike free of the rein but, after a discussion and reviewing the replay, he accepted that it was in breach of the Whip Rules.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Ms Haley, said the Respondent has had lifetime drives of 850 – 38 this season and last season 43. He has a previous breach of the Whip Rules on his record, one drive ago – on 5 June 2023 at Invercargill HRC (fined $250 for using whip in more than a wrist only flicking motion).

The starting point for a mid-level, second breach is a 4-days suspension, Ms Haley said.

The Respondent requested a deferment until after the Forbury Park meeting on 24 June next.

REASONS FOR PENALTY:

The breach is mid-level, which is defined in the Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.

The RIB Harness Racing Penalty Guide (February 2023), suggested starting point for a second, mid-level breach is a 4-days suspension.

There are no relevant aggravating or mitigating factors.

CONCLUSION:

The Respondent’s application for a deferment is granted.

Open Driver, Alister Kyle, is suspended from after racing on 24 June 2023, up to and including 24 August 2023 – 4 days.

There are no race meetings in the Otago-Southland area after 30 June 2023, until racing resumes at Winton on 10 August.